If my father made my brother a co-trustee on his trust, can my brother now remove me as a beneficiary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father made my brother a co-trustee on his trust, can my brother now remove me as a beneficiary?
My father was in a hospital drugged up with psychiatric drugs and a few months later found to be incompetent to handle his own affairs by 2 doctors. I was told I was a equal in the Will/Trust. Have reason to think my father while in hospital signed a new will/trust with me excluded as a beneficiary. Brother is secretive on details. Father still alive in dementia ward. Can I fight this?
Asked on May 13, 2012 under Estate Planning, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for the situation. Yes, you can indeed take a stand here but we need to figure out what the legal situation is beofre we know where to begin. First, who has POA or guardianship/conservatorship of Dad now? If it is your brother I would try and have yourself added . Now, you can not really contests a Will until after the testator (your Father) passes and then there are strict time lines. You would do so based upon fraud or undue influence. As for the trust, it depends on if it is a testamentary trust (upon death) or a trust that is used while one is alive. You would fight it based upon the same grounds above. You need to get legal help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.